Williams v. Boozer et al
ORDER granting 52 Motion for HIPAA Qualified Protective Order. See Order for specifics. Signed by Magistrate Judge Stephen C. Williams on 5/12/11. (amv)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MICHAEL WILLIAMS, #N33861,
MARK BOOZER and JERRY MCGUIRE, )
Case No. 08-cv-285-MJR-SCW
HIPAA QUALIFIED PROTECTIVE ORDER
WILLIAMS, Magistrate Judge:
Before the Court is Defendants’ Motion for a HIPAA Qualified Protective Order (Doc.
52). The Court finds that good cause exists for the entry of a HIPAA Qualified Protective
Order to prevent the unauthorized disclosure and direct the use of protected health
information during the course of this litigation.
Accordingly, it is hereby ORDERED:
All records produced by the parties to this litigation are produced subject to
This Order applies to any records produced by a covered entity, as defined
by 45 C.F.R. 160.103, which has received a request or subpoena for
protected health information.
During the course of this litigation, it may be necessary for the parties or their
attorneys to disclose protected health information of the Plaintiff, as that term
is defined under the Health Insurance Portability and Accountability Act
(“HIPAA”) and the Federal Regulations promulgated pursuant to said Act.
All protected health information disclosed by any of Plaintiff’s
healthcare providers shall be used for the sole purpose of
preparing for or conducting this litigation, including but not
limited to investigation, consultation, discovery, depositions,
trial preparation, trial, appeal, resolution, mediation, or uses
incidental to the proceeding in this case and shall not be
disclosed or revealed to anyone not authorized by this
Protective health information pursuant to this HIPAA Qualified
Order may include information related to sexually transmitted
disease, genetic testing, HIV, behavioral or mental health
services, and treatment for alcohol and drug abuse.
Protected health information may be disclosed without further
notice by any covered entity or healthcare provider, party or
parties’ attorney, to:
the parties themselves, parties’ attorneys, experts,
consultants, any witness or other person retained or
called by the parties, treating physicians, other
healthcare providers, insurance carriers, or other
entities from whom damages, compensation, or
indemnity is sought and any entity performing,
monitoring, or adjustment activities on behalf of such
insurance carrier or other entity and/or their employees,
agents, or third party administrators for any of the
parties involved in the litigation; in any proceeding for
health oversight activities as permitted under 45 C.F.R.
164.512, court reporters, copy services, other similar
vendors to the parties and their attorneys, as well as the
professional and support staff of the above.
The parties, and each entity governed by this Order,
shall either (a) destroy, or (b) return to the entity who
originally produced it, all protected health information,
including all copies made; provided, however, that said
protected health information may be retained in the files
of the entities listed in paragraph (1) above and may be
destroyed pursuant to their regular file retention policies
so long as the protected health information is
maintained in a secure environment.
IT IS SO ORDERED.
DATED: May 12, 2011.
/s/ Stephen C. Williams
Stephen C. Williams
United States Magistrate Judge
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